Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-09-29 and last amended on 2014-09-19. Previous Versions

Forgery and Offences Resembling Forgery

Marginal note:Forgery
  •  (1) Every one commits forgery who makes a false document, knowing it to be false, with intent

    • (a) that it should in any way be used or acted on as genuine, to the prejudice of any one whether within Canada or not; or

    • (b) that a person should be induced, by the belief that it is genuine, to do or to refrain from doing anything, whether within Canada or not.

  • Marginal note:Making false document

    (2) Making a false document includes

    • (a) altering a genuine document in any material part;

    • (b) making a material addition to a genuine document or adding to it a false date, attestation, seal or other thing that is material; or

    • (c) making a material alteration in a genuine document by erasure, obliteration, removal or in any other way.

  • Marginal note:When forgery complete

    (3) Forgery is complete as soon as a document is made with the knowledge and intent referred to in subsection (1), notwithstanding that the person who makes it does not intend that any particular person should use or act on it as genuine or be induced, by the belief that it is genuine, to do or refrain from doing anything.

  • Marginal note:Forgery complete though document incomplete

    (4) Forgery is complete notwithstanding that the false document is incomplete or does not purport to be a document that is binding in law, if it is such as to indicate that it was intended to be acted on as genuine.

  • Marginal note:Exception

    (5) No person commits forgery by reason only that the person, in good faith, makes a false document at the request of a police force, the Canadian Forces or a department or agency of the federal government or of a provincial government.

  • R.S., 1985, c. C-46, s. 366;
  • 2009, c. 28, s. 7.
Marginal note:Punishment for forgery

 Every one who commits forgery

  • (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years; or

  • (b) is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 367;
  • 1994, c. 44, s. 24;
  • 1997, c. 18, s. 24.
Marginal note:Use, trafficking or possession of forged document
  •  (1) Everyone commits an offence who, knowing or believing that a document is forged,

    • (a) uses, deals with or acts on it as if it were genuine;

    • (b) causes or attempts to cause any person to use, deal with or act on it as if it were genuine;

    • (c) transfers, sells or offers to sell it or makes it available, to any person, knowing that or being reckless as to whether an offence will be committed under paragraph (a) or (b); or

    • (d) possesses it with intent to commit an offence under any of paragraphs (a) to (c).

  • Marginal note:Punishment

    (1.1) Everyone who commits an offence under subsection (1)

    • (a) is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Wherever forged

    (2) For the purposes of proceedings under this section, the place where a document was forged is not material.

  • R.S., 1985, c. C-46, s. 368;
  • 1992, c. 1, s. 60(F);
  • 1997, c. 18, s. 25;
  • 2009, c. 28, s. 8.